« Reply #197 on: March 21, 2019, 08:59:50 PM »
defamation? Are you kidding me... what defamatory statement did Westbrook make? I have not heard Westbrook call this fan a racist. All the racism talk are opinions of the public from what the man said.
His only cause of action that is even probable and will avoid sanctions for frivolity is that he was assaulted by Westbrook.
Assault being the apprehension of imminent bodily harm intended by Westbrook and actually CAUSED by Westbrook's words and actions.. That is his only cause of action that will survive a demurrer or motion for nonsuit.
Relevant issues... how far was Westbrook from this guy, and did he or his wife really apprehend imminent harm from Westbrook?
Good luck with that.
He can attempt to sue for Intentional infliction of emotional distress, but he will need to show that Westbrook's action was OUTRAGEOUS.
The tort of negligent infliction of emotional distress is more troublesome because he needs physical injury to maintain that action. There was none.
I still believe this suit gets thrown out of court.
I can think of a number actions that Westbrook could file against this idiot in a counter suit.
defamation is the strongest case if he and his wife didn't actually say what Westbrook said they did.
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